The situation of the rental housing market is currently in the focus of many people. Due to rising real estate prices and a housing shortage, many people are forced to live in rental housing. Especially finding houses for rent in the capital and other large cities and choosing suitable prices has become one of the main problems.
Recently, another nuance worries tenants. Thus, citizens claim that if they do not sign a contract with the owner when renting an apartment, they will be fined: the owner will have to pay 800 AZN and each person staying in the house will have to pay 50 AZN. Some argue that the fine is not due to the lack of a rental agreement, but rather due to registration issues.
on the topic Oku.AzA lawyer who made a statement to Kamandar Nasibov He said that a fine can be imposed if the landlord does not pay the taxes determined according to the country’s civil legislation:
“According to the Civil Code, the rental agreement is concluded in writing. A natural person who is not included in the tax records, who concludes a rental agreement, carries out non-business activity and pays 14% income tax. If such taxes are not paid by the owner, a fine may be imposed in accordance with the Tax Code.
In addition, in accordance with the requirements of the legislation, contracts for the disposal of real estate from the state register, including rental contracts for residential areas, must be notarized.”
K. Nasibov highlighted that the tenant can be fined by the department if he does not obtain a document from the General Department of Passports, Registration and Migration.
“If the duration of the apartment rental contract is more than 11 months, then such contract must be registered with the State. If the tenant is not registered, he must submit an application to the Main Department of Passports, Registration and Migration of the Ministry of Internal Affairs. (MIA) and obtain the corresponding document. Otherwise, for not being registered by the department you can be fined,” explained the lawyer.
In addition, Kamandar Nasibov noted that the landlord does not have the authority to fine the tenant in the absence of a rental agreement.
It should be noted that violation of the legislation on residence and registration of the place of residence is regulated by article 563 of the Code of Administrative Offenses.
According to the article:
563.1. A citizen is reprimanded or fined thirty manats for failing to register his place of residence or location, or for failing to follow the registration and deregistration rules;
563.2. Officials will be fined 500 to 800 manats for unjustifiably refusing to register people, demanding documents not provided for in the legislation, and delaying registration.
However, the head of the Department of the Press Service of the Ministry of the Interior Anar Gafarov Oku.AzIn response to the question, he said that paragraph 2 of article 563 of the Civil Code cannot be applied to people who rent their homes.
Aytaj Gasimova
